anilsal
11-27 06:17 PM
some legislation that will get GCs quickly for everyone. All July filers should be able to get their GCs in the next 6-15m.
Now that is wishful thinking. ;)
What people really like to see is movement of approvals and transparency in the processing/backlogs. This was happening until the "RETROGRESSION" hit.
Now that is wishful thinking. ;)
What people really like to see is movement of approvals and transparency in the processing/backlogs. This was happening until the "RETROGRESSION" hit.
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mohanty99
07-23 04:04 PM
Standard answers to some questions, but they haven't answered some key questions such as in what order the applications will be adjudicated or how long it will take to issue receitps. :confused:
kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
2011 Hey, remember Johnny Depp in
singhsa3
07-25 03:36 PM
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
more...
jsb
09-03 10:26 AM
Hi guys,
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.
FinalGC
08-15 09:28 AM
I used to work for Claremont Tech and later CBSI purchased them. CBSI had to do a transfer of H1b and I did get a new H1 Make sure you follow up with your lawyers and have them do a new h1. Also keep all records like newspaper clippings and web postings of this new purchase, so that if ever you need to prove to USCIS that you are in the same company, you would have all documentation to prove it.
I would wait for sometime, until the dust settles in your new B company before you move to C
I would wait for sometime, until the dust settles in your new B company before you move to C
more...
rustum
07-15 04:47 PM
It should be new procedure for each person.
Thanks for your information. I have filled out my information and added spouse and child pending cases after adding my case. When i tried to start new procedure for spouse and child, it is giving me error that i have already notified the address change. Asked me to contact back after 45days.
I guess, it should be ok.
Thanks for your information. I have filled out my information and added spouse and child pending cases after adding my case. When i tried to start new procedure for spouse and child, it is giving me error that i have already notified the address change. Asked me to contact back after 45days.
I guess, it should be ok.
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ajaykk
08-09 10:44 AM
FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.
Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.
Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.
more...
CADude
07-31 10:27 PM
Mailroom indeed has to check all the documents(after cutting envelope from 3 sides, per operating manual). if clerk is not able to findout our checks then we are out of luck. wait for PD has to be current and refile.
Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
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kingkon_2000
07-27 10:24 AM
I talked to my lawyer as I made the same mistake and they informed me that it should not be a problem..
more...
bobyal
05-07 04:09 PM
Yes i did see a LUD on the uscis website for my 485 a couple of weeks back.
So i guess the LUD stuff still works irrespective of the "chimps" using "champs".
Is your case in Texas Service Center??
So i guess the LUD stuff still works irrespective of the "chimps" using "champs".
Is your case in Texas Service Center??
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greenguru
04-15 11:57 PM
Is Advance Degree MS ? or BS ?
more...
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ss1026
11-04 11:43 AM
Hey this is good news, atleast the crowd will get reduced in chennai consulate :)
Yes, that will help the chennai consulate lines. And it is great for hyderabadis since we don't have to go to chennai, sometimes multiples times for a single stamping.
Yes, that will help the chennai consulate lines. And it is great for hyderabadis since we don't have to go to chennai, sometimes multiples times for a single stamping.
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chris
10-17 04:37 AM
Hi Kitiara,
I get asked to make quite a few banners for different companies and through trial and error I have found that once you have created your images in photoshop and saved them at the lowest file size as possible without losing any quality, open the images up in fireworks and create the animation there using frames as I find fireworks optimises gifs muchbetter than photoshop,
(And believe me it hurts me to say that as i'm a big photoshop fan).
I'm sure your aware also that the more frames you use the bigger the file size is going to be so its always best to use the least ammount of frames needed and adjust the frame speed of each frame to get the required effect.
By the way I love looking at the images you create when you post them do you have a tutorial website where I could create one for my nickname of The Bandit:bandit:
I get asked to make quite a few banners for different companies and through trial and error I have found that once you have created your images in photoshop and saved them at the lowest file size as possible without losing any quality, open the images up in fireworks and create the animation there using frames as I find fireworks optimises gifs muchbetter than photoshop,
(And believe me it hurts me to say that as i'm a big photoshop fan).
I'm sure your aware also that the more frames you use the bigger the file size is going to be so its always best to use the least ammount of frames needed and adjust the frame speed of each frame to get the required effect.
By the way I love looking at the images you create when you post them do you have a tutorial website where I could create one for my nickname of The Bandit:bandit:
more...
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crystal
07-11 12:07 PM
^^^^
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glus
09-28 07:31 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
more...
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dbevis
June 14th, 2005, 09:32 AM
As far as I can tell, extension tubes have straight-through contacts. They do work well with any lens, at least I've tried it with most of my lenses.
The length of extension is going to limit the focal length of lens that you can use. For example. with a 16mm focal length lens, the 12mm extension (smallest I have or have seen) causes the lens to have an 'infinity' focus that's actually behind the front element of the lens. Only useful for taking a picture of the dust on/in your lens! I suspect using them with a fisheye would be futile, not to mention pointless.
But, I've found a small amount of extension, like 12mm, is very handy for long tele lenses, because of the shortening of the infinity focus point. I found it hard to get close to butterflys with 100mm macro, and putting an extension on either a 200mm or 100-400mm let me over come their minimum focus distance, yet stay farther enough away that the subject didn't fly off.
The 'magnification factor' is much less with this arrangement, than with (for example) the 100mm macro. Much less that 1:1 I think. So it's a trade off, like everything else.
The 'macro filter' or diopter lens works exactly like those magnifying 'reading glasses' you see in the drugstore. You can't stack them like tubes so there's one level of adjustment available to you, plus they only fit one size of lens wherease tubes fit any lens with the correct mount. A filter doesn't decrease depth of field as much as an extension tube does, either.
Lastly, extension tubes are easier and faster to put on a take off, and don't give you problems with finger smudges. You can even hang them on a pinky finger between uses (I often switch them on/off the camera while I;m shooting.
The length of extension is going to limit the focal length of lens that you can use. For example. with a 16mm focal length lens, the 12mm extension (smallest I have or have seen) causes the lens to have an 'infinity' focus that's actually behind the front element of the lens. Only useful for taking a picture of the dust on/in your lens! I suspect using them with a fisheye would be futile, not to mention pointless.
But, I've found a small amount of extension, like 12mm, is very handy for long tele lenses, because of the shortening of the infinity focus point. I found it hard to get close to butterflys with 100mm macro, and putting an extension on either a 200mm or 100-400mm let me over come their minimum focus distance, yet stay farther enough away that the subject didn't fly off.
The 'magnification factor' is much less with this arrangement, than with (for example) the 100mm macro. Much less that 1:1 I think. So it's a trade off, like everything else.
The 'macro filter' or diopter lens works exactly like those magnifying 'reading glasses' you see in the drugstore. You can't stack them like tubes so there's one level of adjustment available to you, plus they only fit one size of lens wherease tubes fit any lens with the correct mount. A filter doesn't decrease depth of field as much as an extension tube does, either.
Lastly, extension tubes are easier and faster to put on a take off, and don't give you problems with finger smudges. You can even hang them on a pinky finger between uses (I often switch them on/off the camera while I;m shooting.
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redgreen
06-06 04:20 PM
Are you sure that one need not pay for EAD and AP after paying the higher fee once? Could you please tell me where did you see this information. It is mentioned at USCIS website that if you had paid the new fee for I-485, you don't have to pay a fee for EAD or AP, otherwise the fee for EAD is $340 and for AP it is $305.
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
hopefully if we pay the $340 for EAD and $305 for AP for each person, we do not have to pay for it again until we get a decision on our GC.We just have to keep renewing these two without paying again..Please correct me if i am wrong.So its like pay one last time..hopefully.
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devan
11-04 09:17 AM
Hello gurus,
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
pune_guy
06-06 01:11 PM
For H4:
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
Berkeleybee
03-27 02:36 PM
Our Hard Quota Memo (in our Resources section) is now posted on the widely read Bender's Immigration Bulletin http://bibdaily.com/index.cgi
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
Before we created this memo, this fact was not widely known and we are doing our best to get the word out.
best,
Berkeleybee
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